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CONTROLLED SUBSTANCES ACT 1984 (SA) As at March 2013 Gaol terms are maximum and are in addition to any fine, court costs and levies Maximum Penalties
General offences s 13-15 Manufacture, produce, package, sale, supply etc, unless MD or licensed
s 17A(1) Manufacture, sell or supply a poison without permit from Minister
(2) Possession of s17A precursor without a permit from the Minister
(3) Sell a s17A precursor without producing a permit entitling person to possession
s 17B(1) Sell a s17B precursor (exceptions)
(2) Seller fails to keep records in relation to each sale
(3) Seller fails to inform Commission of Police of suspicion that an order/enquiry for order of precursor may be connected to unlawful use
(4) Seller fails to keep precursors in secure storage, fails to retain written
authorisation allowing others to have access, fails check stock after each sale
s 17C(1) Sell a s17C precursor to another person without duly completed end user
(2) Seller fails to inform Commission of Police of suspicion that an order/enquiry for
order of precursor may be connected to unlawful use
s 18 (1) Unlawful sale, supply or administer a prescription drug
(2) Non qualified professional prescribe a prescription drug
(3) Possess prescription drug without authority
s 18A(a1) Unauthorised person prescribes drug of dependence for person or animal
(1) Registered health practitioner prescribes or supplies a drug
s19(1)(2) Sell/supply volatile solvent, or purchase for another, if suspect for inhalation
(3) Sell or supply volatile solvent to person under the prescribed age
Prohibition of automatic vending machines (not yet in operation)
Sell, supply, possess or administrate declared potentially harmful substance
Sell or supply a prohibited poison, medicine or
s 24-26 Offences of packaging, labelling, storage, transport etc
Illegal use of prohibited poison, medicine or medical device
s 30 (1) Forge, fraudulently alter or utter to obtain a prescribed drug
(2) Obtain prescription drug by false representation
(2a) Obtain prescription drug by false name and address
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Offences relating to controlled drugs, precursors and plants Trafficking in controlled drugs
S 32(1) Traffics in a large commercial quantity
((2a) Traffics in a controlled drug in a prescribed area
re (3) if cannabis – dealt with in Magistrates court
Magistrates court can divert to District Court for higher penalty.
Manufacture of controlled drugs S 33(1) Manufactures a large commercial quantity for sale
Manufactures a commercial quantity for sale
Sells a large commercial quantity of precursor
Sells a commercial quantity of precursor
(4)(5) Manufactures a controlled precursor
Cultivation and sale of controlled plants S 33B
Person who cultivates a large commercial quantity for sale
Person who cultivates a commercial quantity for sale
Person who cultivates a quantity for sale
re (3) if cannabis – dealt with in Magistrates court
Magistrates court can divert to District Court for higher penalty.
Person who sells a large commercial quantity
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re (3) if cannabis – dealt with in Magistrates court
Magistrates court can divert to District Court for higher penalty.
Part 2C – Cannabis Plants Large commercial
Sale of equipment for use in connection with consumption of controlled drugs
A person who sells or has possession of piece of equipment to sell
S 33DA A person who sells or has possession of a document with instructions intending
Offences involving children and school zones

S 33E Offences involving children and school zones
Sells, supplies or administers a controlled drug to a child
Sells, supplies or administers a controlled drug to a child in school zone
S 33GA Sale of piece of equipment to child for use of controlled drug
S 33GB Sells, or has possession of a document with instructions intending
to sell, to a child, without reasonable excuse
Other offences

S 33I
Supplies, administers, possession of controlled drug - other than cannabis
Supplies, administers, possession of controlled drug – cannabis
s 33J(1) Person who manufactures a controlled drug
(2) Possession of a controlled precursor or any prescribed equipment intending to
Cultivates a controlled plant (other than cannabis), artificially enhanced
cultivation of a cannabis plant, exceeds prescribed number of cannabis plants
(5), cultivates a cannabis plant with intention to supply
Cultivates not more than the prescribed number of cannabis plants (5) five
Possession consumption etc of drug, or possession of equipment used in
connection with consumption of drug – other than cannabis
Possession consumption etc of drug, or possession of equipment used in
connection with consumption of drug – cannabis
Possession or supply of any prescribed equipment
s 33LAB Possession or supply of a document containing instructions for the manufacture
of a controlled drug or the cultivation of a controlled plant
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s 33LB(1) Possession or supply of a prescribed quantity of a controlled precursor
(2) Possession or supply of a prescribed quantity of a controlled precursor AND
possession or supply of a prescribed quantity of another kind of controlled
*ss 33LA – LB: Without reasonable excuse
General provisions relating to offences Aggregation of offences 33N Offences involving more than one kind of substance 33O

Procedure in relation to simple possession offences S 36 (1) Police must refer simple possession offenders to assessment service
S 36(3) The referral operates as a stay of proceedings for the alleged offence
s 37(1) Assessment service must complete assessment expeditiously
s 37(2)(a) Service may request medical records, drug treatment records, criminal records etc
s 37(2)(c) Service may require medical examination
s 37(3) Service must terminate referral if person fails to attend, referral is inappropriate, does not admit
allegations, etc and may terminate if person fails to comply
Person undertakes treatment or rehabilitation (up to 6 months)
Person must be released from custody for assessment or undertaking
Prosecution for simple possession offence cannot proceed unless referral has been terminated by service
s40(2) Participation in an assessment or undertaking does not constitute an admission of guilt
s40(3) If referral is terminated, evidence obtained by a service is inadmissible in Court
s40(4) On expiry of undertaking, the person is immune from prosecution
No unauthorised disclosure of confidential information
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Other Offences, Penalties

S 44 Sentencing factors to be considered by a Court are - nature of substance, quantity of substance, personal circumstances (ie. drug dependence), if sale etc. whether commercial motives, whether in school zone or prescribed area etc.
Time limits for summary offences in which proceedings may be commenced (s 52 Summary Procedure Act 1921 (SA))
If expiation notice given, within 6 months of expiry of expiation period in notice
If no expiation notice given, within 6 months of offence
If offence not expiable, within 2 years of the date of the offence
Expiation Notices

S 45A Simple cannabis offences (see Expiation of Offences Act 1996 (SA))
(2) Power to issue notice for simple offences (not to a child) - 28 days to pay
(7) Failure to issue EXP does not invalidate prosecution
(8) Simple offence means less than prescribed quantities, or smoking/consumption, or less than 1 plants, but
Amounts (Controlled Substances (General) Regulations 2000 (SA)) Schedule 5 Expiation fees
Offence arising out of the possession of cannabis—
where the amount is 25g or more but less than 100g
Offence arising out of the possession of cannabis resin—
where the amount is 5g or more but less than 20g
Offence arising out of the smoking or consumption of cannabis or cannabis resin
(not being an offence committed in a public place or other prescribed place)
Offence arising out of the possession of equipment (1 or more pieces) for use in
connection with the smoking or consumption of cannabis or cannabis resin (not being an offence involving the possession of such equipment for commercial purposes)
Offence referred to in item 4 accompanied by another simple cannabis offence
relating to the possession, smoking or consumption of cannabis or cannabis resin
Offence involving cultivation of 1 cannabis plant
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Search and Seizure, Forfeiture and Analysis Powers to search seize etc
(1 - 6) Very wide powers to enter, search and seize
(but police still have powers under the Summary Offences Act 1953 (SA) to search person in custody)
General drug detection powers S 52A Special powers relating to drug transit routes S 52B General provisions relating to exercise of powers
S 52D Hinder, obstruct, refuse or fail to comply (SS 52, 52A or 52B.)
Seized property and forfeiture S 52E
Also forfeiture of substance and equip if offence is expiated (s 15(5) Expiation of Offences Act 1996 (SA)). If serious drug offence (i.e. trade), any ‘tainted property’ may be forfeited (Criminal Assets Confiscation Act 1996 (SA)).
Miscellaneous
Breach licence, authority or permit under Act
Breach prohibition by Minister as to supply, sale etc of substances
Minister may publicise names (publish information) of persons seeking
Doctor, Dentist, Vet, pharmacist, supplier fail to provide details of quantities, number and freq. that drug is prescribed, administered or supplied
Divulging info. relating to trade processes obtained by administering
Must not make a statement that is false or misleading
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CONTROLLED SUBSTANCES (GENERAL) REGULATIONS 2000 (SA) Schedule 1 - Controlled drugs

Part 1 – Controlled drugs other than drugs of dependence Large Commercial Commercial Trafficable commercial commercial
difuran-4-yl)-2-aminopropane (Bromo-Dragonfly)
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including flowering and fruiting tops, leaves, seeds or stalks but not including oil or resin
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hydroxy-7,8,9,10-tetrahydro-6, 6,9-trimethyl-6h-dibenzo (b,d) pyran (DMHP)
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tetrahydro-6,6,9- trimethyl-6H-dibenzo (b,d)pyran
6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210)
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diphenylpropane carboxylic acid (Moramide intermediate)
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1-(2-Phenylethyl)-4-phenyl-4-acetyloxypiperidine (PEPAP)
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(a) included in Part 2 of this Schedule;
(b) at a level not exceeding 50 mg/kg contained in hemp seed oil labelled "not for human internal use or consumption";
(c) at a level not exceeding 50 mg/kg contained in a product containing hemp seed oil designed for human external use only)
Trifluoromethylphenyl)piperazine (TFMPP)
Part 2—Drugs of dependence
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monoacetylmorphine and heroin (diacetylmorphine/diamorphine))
phenylpiperidine (pethidine intermediate A)
Dextropropoxyphene (except when included in schedule 4)
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Dronabinol (delta-9-tetrahydrocannabinol) when prepared and packed for therapeutic use
carboxylic acid (pethidine intermediate C)
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noscapine in schedule 2 and papaverine when included in schedule 2 or 4)
acid ethyl ester (pethidine intermediate B)
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Schedule 2—Controlled precursors Large commercial Commercial (mixed)
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methyl 3-[3'4'(methylene dioxy)phenyl]-2-methyl 0.4 L
3,4-Methylenedioxyphenylpropan-2-one (PMK) 1 L
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Sodium bis(2-methoxyethoxy) aluminium hydride 0.2 kg
Schedule 3—Controlled plants Part 1—Controlled plants other than cannabis plants Large commercial Commercial Trafficable
any plant of the genus Erythroxylum P. 800kg
Browne) from which cocaine can be extracted either directly or by chemical transformation, including Erythroxylum coca Lam and Erythroxylum nova-granatense
plant weighs less than plant weighs less than
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100g—10 000 plants; or 100g—1000 plants; or 10g—100 plants; or
plant weighs less than plant weighs less than
100g—10 000 plants; or 100g—1000 plants; or 10g—100 plants; or
all fungi that contain PSILOCYBIN
any plant containing MESCALINE including any plant of the genus Lophophora
Salvia divinorum EPL. & Jativa (Diviners Sage)
Mitragyna speciosa Korth (Kratom)
any species of the genus Ephedra which 200kg
any species of the genus Datura L
Part 2—Cannabis plants Large commercial Commercial Trafficable
any plant of the genus Cannabis L
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